Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from our partner in East Java province, the Commission for the Disappeared and Victims of Violence (KontraS), Surabaya office. It is regarding the case of Mr. Sugeng Sugiono, a victim of wrongful arrest and a fabricated case. Police Officers in Surabaya city, East Java province are the perpetrators. Despite the fact that the Surabaya District Court released Sugiono, the Judge did not include compensation for Sugiono in handing down his judgment. According to Government Regulation Number 95 of 2015, victims of wrongful arrest are entitled to compensation. Mr. Sugiono has been detained since 12 May 2017 and is scheduled for release on 13 October 2017.
CASE NARRATIVE:
The Asian Human Rights Commission (AHRC) appreciates the Surabaya District Court Judge who released Mr. Sugeng Sugiono, a victim of wrongful arrest. On May 12, 2017 Mr. Sugiono was on his way to a wet market to help his parents sell coconut. Unexpectedly, he was arrested by the Police and accused of involvement in the criminal case of a stolen motorcycle.
According to Sugiono, he did not commit the theft and did not know the perpetrators. In the investigative process, the Investigator issued a letter about their plan to bring Sugiono to meet with Mr. Dwi Nurcholis Sandy. He is another suspect detained for 10 months due to a stolen Mio motorcycle with police number S 6074 LR.
Finally, Sugiono met with Dwi in the Surabaya District Court Prison. He asked Dwi why he accused him of being involved in the motorcycle theft which occurred in 2014. Dwi stated that the person who participated in the crime is Mr. Tugik. He is obese, black skinned with curly hair and a tattoo on his right hand. These characteristics are totally different from Sugiono’s physical appearance.
We noted some facts which were raised during the trial process as follows:
Sugiono was charged by the Public Prosecutor along with Mr. Angga Alias Gilang. Gilang is a wanted man at large until now. The Prosecutor indicted Sugiono for a stolen motorcycle on 12 November 2014 at 12.00 p.m. in the front yard of a house in Jambangan Street III/12 Surabaya city, East Java province. Sugiono was charged under: the Indonesian Penal Code (KUHP), Article 363 Paragraph 1 points 1, 4 and 5 and Article 362 with a maximum sentence of three years imprisonment.
With regard to the judgment issued by the Principal Judge of the Surabaya District Court, Justice Dewi Iswanti, S.H., MH, and according to the facts presented during the trial process, there is no evidence or not enough evidence which clearly explains any involvement of Mr. Sugeng Sugiono. According to the eye witness testimony Mr. Dwi Nurcholis Sandy, the person who stole the motorcycle is Mr. Tugik. He is described as obese, black skinned with curly hair and a tattoo on his right hand. He has a totally different physical makeup than Mr. Sugiono. Thus, based on lack of evidence and witness testimony, on October 10, in the last trial process, the Judges handed down their judgment. It stated that Mr. Sugeng Sugiono is not guilty and should be released from prison immediately. Unfortunately, Mr. Sugiono had to wait another three days after the judgment was issued before being freed. The reason: the Prosecutor who should execute the judgment and should release Mr. Sugiono was on leave until 13 October 2017.
ADDITIONAL COMMENTS
Besides being regulated by Indonesian Criminal Procedure, compensation for victims of wrongful arrest is also regulated by Government Regulation (PP) No. 92 of 2015. In addition, the Courts and the Police should take into consideration the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The Declaration was adopted by General Assembly Resolution 40/34 of 29 November 1985. Here the basic principles are clearly stated. Access to justice, restitution, compensation and assistance should be given to the victims of crimes and abuse of power.
SUGGESTED ACTION:
Please write to the Authorities listed below, asking them to ensure that Mr. Sugiono who is entitled, has access to justice and receives adequate compensation. The Police should further investigate the case of wrongful arrest. If there is strong evidence that the Investigators misused their authority, the Police should ensure prosecution of the perpetrators.
The AHRC will write a separate letter to the UN Special Rapporteur on the Independence of Judges and Lawyers calling for her intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Innocent Surabaya man wrongfully arrested entitled to adequate compensation
Name of victims : Mr. Sugeng Sugiono (35)
Names of alleged perpetrators : Police Investigators at the Surabaya Police Station
Date of incident : Between 12 May to 10 October 2017
Place of incident : Surabaya, East Java Province
I am writing to voice my deep concern regarding the case of Mr. Sugeng Sugiono, a victim of wrongful arrest and a fabricated case. Police Officers in Surabaya city, East Java province are the perpetrators. Despite the fact that the Surabaya District Court released Sugiono, the Judge did not include compensation for Sugiono in handing down his judgment. According to Government Regulation Number 95 of 2015, victims of wrongful arrest are entitled to compensation. Mr. Sugiono has been detained since 12 May 2017 and is scheduled for release on 13 October 2017.
The Asian Human Rights Commission (AHRC) appreciates the Surabaya District Court Judge who released Mr. Sugeng Sugiono, a victim of wrongful arrest. On May 12, 2017 Mr. Sugiono was on his way to a wet market to help his parents sell coconut. Unexpectedly, he was arrested by the Police and accused of involvement in the criminal case of a stolen motorcycle.
According to Sugiono, he did not commit the theft and did not know the perpetrators. In the investigative process, the Investigator issued a letter about their plan to bring Sugiono to meet with Mr. Dwi Nurcholis Sandy. He is another suspect detained for 10 months due to a stolen Mio motorcycle with police number S 6074 LR.
Finally, Sugiono met with Dwi in the Surabaya District Court Prison. He asked Dwi why he accused him of being involved in the motorcycle theft which occurred in 2014. Dwi stated that the person who participated in the crime is Mr. Tugik. He is obese, black skinned with curly hair and a tattoo on his right hand. These characteristics are totally different from Sugiono’s physical appearance.
We noted some facts which were raised during the trial process as follows:
Sugiono was charged by the Public Prosecutor along with Mr. Angga Alias Gilang. Gilang is a wanted man at large until now. The Prosecutor indicted Sugiono for a stolen motorcycle on 12 November 2014 at 12.00 p.m. in the front yard of a house in Jambangan Street III/12 Surabaya city, East Java province. Sugiono was charged under: the Indonesian Penal Code (KUHP), Article 363 Paragraph 1 points 1, 4 and 5 and Article 362 with a maximum sentence of three years imprisonment.
With regard to the judgment issued by the Principal Judge of the Surabaya District Court, Justice Dewi Iswanti, S.H., MH, and according to the facts presented during the trial process, there is no evidence or not enough evidence which clearly explains any involvement of Mr. Sugeng Sugiono. According to the eye witness testimony Mr. Dwi Nurcholis Sandy, the person who stole the motorcycle is Mr. Tugik. He is described as obese, black skinned with curly hair and a tattoo on his right hand. He has a totally different physical makeup than Mr. Sugiono. Thus, based on lack of evidence and witness testimony, on October 10, in the last trial process, the Judges handed down their judgment. It stated that Mr. Sugeng Sugiono is not guilty and should be released from prison immediately. Unfortunately, Mr. Sugiono had to wait another three days after the judgment was issued before being freed. The reason: the Prosecutor who should execute the judgment and should release Mr. Sugiono was on leave until 13 October 2017.
Besides being regulated by Indonesian Criminal Procedure, compensation for victims of wrongful arrest is also regulated by Government Regulation (PP) No. 92 of 2015. In addition, the Courts and the Police should take into consideration the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The Declaration was adopted by General Assembly Resolution 40/34 of 29 November 1985. Here the basic principles are clearly stated. Access to justice, restitution, compensation and assistance should be given to the victims of crimes and abuse of power.
Therefore, I respectfully request you to ensure that Mr. Sugiono who is entitled, has access to justice and adequate compensation. Moreover, the Police should further investigate the case of wrongful arrest and if there is strong evidence that the Investigators misused their authority, the Police should ensure prosecution of the perpetrators.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. Police Inspector Drs. Machfud Arifin, S.H.
The Chief Police of East Java Province Police Area
Kapolda Jawa Timur
Jalan Ahmad Yani 116 Kota Surabaya, Jawa Timur
INDONESIA
Fax : +62 31 8290058 / +62 31 829 0333
5. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
9. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
10. Mr. Nur Kholis
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
11. Mr. HM Prasetyo
Attorney General of Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
